Legal Opinion

Carter v. New Mexico Human Services Department

New Mexico Court of Appeals

Decided May 27, 2009No. 27,943PublishedCited by 1 opinion

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} We granted certiorari in this case to clarify the boundaries of evidentiary procedure as practiced in state Medicaid benefits hearings. Appellant Joyce Carter (Carter) applied for home healthcare assistance through New Mexico’s Medicaid program and was denied benefits because her personal resources exceeded the allowable statutory limit. Carter appealed and was given a “fair hearing” 1 by Appellee New Mexico Human Services Department (the Department) which affirmed the denial by the original caseworker. The hearing officer refused to consider Carter’s bank statement…

2Cases cited5 opinions

  1. Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
  2. Groendyke Transport, Inc. v. New Mexico State Corp. CommissionNew Mexico Supreme Court · 1984
  3. Saenz v. New Mexico Department of Human Services, Income Support Division Ex Rel. Human Services DepartmentNew Mexico Court of Appeals · 1982
  4. Cruz v. New Mexico Department of Human Services, Income Support DivisionNew Mexico Court of Appeals · 1983
  5. Landavazo v. New Mexico Department of Human ServicesNew Mexico Court of Appeals · 1988

3Cited by1 opinion

  1. Place v. N.M. Human Servs. Dep't, Med. Assistance Div.New Mexico Court of Appeals · 2018

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